Miller v. State

SUBSTITUTE OPINION

KENT C. SULLIVAN, Justice.

We deny the State’s motion for rehearing, withdraw our opinion issued February 18, 2010, and issue this substitute opinion in its place.

A jury convicted George Miller of assaulting his son, Givens Miller. See Tex. Penal Code Ann. § 22.01 (Vernon Supp. 2009). The jury sentenced him to one day in jail, probated for thirty days. On appeal, George contends the trial court erred in denying his request for a jury instruction on the defense of consent. Finding error, we reverse and remand this cause to the trial court for proceedings consistent with this…